Ariz. Admin. Code § 18-9-A211

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-9-A211 - Permit Amendments

A. The Director may amend an individual permit based upon a request or upon the Director's initiative.

1. A permittee shall submit a request for permit amendment in writing on a form provided by the Department with the applicable fee established in 18 A.A.C. 14, explaining the facts and reasons justifying the request.

2. The Department shall process amendment requests following the licensing time-frames established under 18 A.A.C. 1, Article 5, Table 10.

3. An amended permit supersedes the previous permit upon the effective date of the amendment.

B. Significant permit amendment. The Director shall make a significant amendment to an individual permit if:

1. Part or all of an existing facility becomes a new facility under A.R.S. § 49-201;

2. A physical change in a permitted facility or a change in its method of operation results in:

a. An increase of 10 percent or more in the permitted volume of pollutants discharged, except a sewage treatment facility;

b. An increase in design flow of a sewage treatment facility as follows:

Permitted Design Flow	Increase in Design Flow
500,000 gallons per day or less	10%
Greater than 500,000 gallons per day but less than or equal to five million gallons per day	6%
Greater than five million gallons per day but less than or equal to 50 million gallons per day	4%
Greater than 50 million gallons per day	2%

c. Discharge of an additional pollutant not allowed by a facility's original individual permit. The Director may consider the addition of a pollutant with a chemical composition substantially similar to a pollutant the permit currently allows by making an "other" amendment to the individual permit as prescribed in subsection (D);

d. For any pollutant not addressed in a facility's individual permit, any increase that brings the level of the pollutant to within 80 percent or more of a numeric Aquifer Water Quality Standard at the point of compliance; or

e. An increase in the concentration in the discharge of a pollutant listed under A.R.S. § 49-243(I);

3. Based upon available information, the facility can no longer demonstrate that its discharge will comply with A.R.S. § 49-243(B)(2) or (3);

4. The permittee requests and the Department agrees to less stringent monitoring that reduces the frequency in monitoring or reporting or reduces the number of pollutants monitored, and the permittee demonstrates that the changes will not affect the permittee's ability to remain in compliance with Articles 1 and 2 of this Chapter;

5. It is necessary to change the designation of a point of compliance;

6. It is necessary to update BADCT for a facility that was issued an individual permit and was not constructed within five years of permit issuance;

7. The permittee requests and the Department agrees to less stringent discharge limitations when the permittee demonstrates that the changes will not affect the permittee's ability to remain in compliance with Articles 1 and 2 of this Chapter;

8. It is necessary to make an addition to or a substantial change in closure requirements or to provide for post-closure maintenance and monitoring; or

9. Material and substantial alterations or additions to a permitted facility, including a change in disposal method, justify a change in permit conditions.

C. Minor permit amendment. The Director shall make a minor amendment to an individual permit to:

1. Correct a typographical error;

2. Change nontechnical administrative information, excluding a permit transfer;

3. Correct minor technical errors, such as errors in calculation, locational information, citations of law, and citations of construction specifications;

4. Increase the frequency of monitoring or reporting, or to revise a laboratory method;

5. Make a discharge limitation more stringent;

6. Make a change in a recordkeeping retention requirement; or

7. Insert calculated alert levels, AQLs, or other permit limits into a permit based on monitoring subsequent to permit issuance, if a requirement to establish the levels or limits and the method for calculation of the levels or limits was established in the original permit.

D. "Other" permit amendment.

1. The Director may make an "other" amendment to an individual permit if the amendment is not a significant or minor permit amendment prescribed in this Section, based on an evaluation of the information relevant to the amendment.

2. Examples of an "other" amendment to an individual permit include:

a. A change in a construction requirement, treatment method, or operational practice, if the alteration complies with the requirements of Articles 1 and 2 of this Chapter and provides equal or better performance;

b. A change in an interim or final compliance date in a compliance schedule, if the Director determines just cause exists for changing the date;

c. A change in the permittee's financial assurance mechanism under R18-9-A203(C);

d. A permit transfer under R18-9-A212;

e. The replacement of monitoring equipment, including a well, if the replacement results in equal or greater monitoring effectiveness;

f. Any increase in the volume of pollutants discharged that is less than that described in subsection (B)(2)(a) or (b);

g. An adjustment of the permit to conform to rule or statutory provisions;

h. A calculation of an alert level, AQL, or other permit limit based on monitoring subsequent to permit issuance;

i. An addition of a point of compliance monitor well;

j. A combination of two or more permits at the same site as specified under R18-9-107;

k. An adjustment or incorporation of monitoring requirements to ensure Reclaimed Water Quality Standards developed under 18 A.A.C. 11, Article 3 are met; or

l. A change in a contingency plan resulting in equal or more efficient responsiveness.

E. The public notice and public participation requirements of R18-9-108 and R18-9-109 apply to a significant amendment. The public notice requirements apply to an "other" amendment. A minor amendment does not require a public notice or public participation.

F. The Director shall not amend or reissue a permit to allow use of a discharge control technology that provides a lesser degree of pollutant discharge reduction than the BADCT established in the individual Aquifer Protection Permit previously issued for a facility, unless:

1. The industrial classification of the facility has changed so that a new assessment of BADCT is appropriate,

2. The pollutant load has decreased or the pollutant composition has changed significantly to warrant a new assessment of the BADCT,

3. The Director approves a corrective or contingency action that necessitates a change in the treatment technology, or

4. The approved discharge control technology is not operating properly due to circumstances beyond the control of the owner or operator.

Ariz. Admin. Code § R18-9-A211

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).